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2014 (9) TMI 191 - HC - CustomsAcquittal of accused - Recovery of foreign and Indian currency - attempted to be exported in contravention of the provisions of the Customs Act and the Foreign Exchange Regulation Act, 1973 (“FERA’) - whether the bag recovery was belong to accused - retracted statement - Held that:- Once the confessional statement had been retracted it was necessary to seek corroboration of the facts adverted to therein. - The mystery of Mr. Grover carrying only one hand bag for visiting Hongkong without a change of clothes has not really been satisfactorily explained by the prosecution. One shaving kit was recovered from the cardboard carton and the other from the sea green suitcase. Why would the Respondent be carrying two shaving kits has also not been explained. The mere fact that one shaving kit was recovered from Mr. Grover and another from the Respondent does not lead to the conclusion that the Respondent was carrying Mr. Grover’s carrying shaving kit. Surprisingly the baggage tags were not consecutive which was even more surprising, if indeed both the bags had been checked in at the same time. There are too many unexplained facts and unanswered questions in the prosecution case which persuade the Court to agree with the reasoning and conclusion arrived at by the trial Court. The prosecution has been unable to prove the case against the Respondent beyond reasonable doubt. - Decided against the revenue.
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